Geeta Prakash vs . Sanjay Kumar
2022 Latest Caselaw 9337 HP

Geeta Prakash Vs. Sanjay Kumar

Cr.R. No. 615 of 2022

.

15.11.2022 Present: Mr. J.P. Sharma, Advocate, for the petitioner.

Cr.R. No. 615 of 2022

Admit.

Issue notice to the respondent returnable on

27.12.2022, on taking steps within one week.

Cr.MP No. 3482 of 2022

The revision petition stands admitted as arguable

issues are involved. The final disposal of the revision petition is

likely to take some time.

Petitioner has been sentenced to undergo simple

imprisonment for six months and to pay compensation amount of

Rs.2,10,000/-.Petitioner has already deposited a sum of

Rs. 63,000/- before the learned Trial Court, out of the

compensation amount.

Petitioner has remained on bail during the trial as

also during the pendency of the appeal and there is no complaint

against him that he has misused the liberty. Keeping in view the

entirety of facts and circumstances of the case, the application is

allowed. The substantive sentence imposed upon the petitioner

vide judgment and sentence order dated 25.04.2019, passed by

learned Additional Chief Judicial Magistrate First Class, Court

No. 1, Mandi, District Mandi, H.P. in Complaint Case No. ( Reg.

No.) 339/2014 N.I. Act No. 111-III/18/13, and affirmed vide

impugned judgment dated 30.09.2022, passed by learned

.

Additional Sessions Judge-I, Mandi, District Mandi, H.P., in

Criminal Appeal No. 23 of 2019, is ordered to be suspended till

further orders, subject to petitioner depositing 50 % of the

compensation amount including the amount of Rs. 63,000/-

already deposited by r tohim within eight weeks from today.

Petitioner is further directed to execute personal bond in the sum of

Rs. 25,000/- with one surety in the like amount to the satisfaction of

learned Trial Court stating therein that petitioner shall remain

present before this Court as and when required during the pendency

of the revision petition and also in case of dismissal of present

petition, the petitioner shall immediately surrender before the

learned Trial Court for receiving the sentence. Application stands

disposed of.

Cr.M.P. No. 3483 of 2022

For the reasons stated in the application, the same is

allowed. Application stands disposed of.

Cr. M.P. Nos. 3480 and 3481 of 2022

These applications are disposed of with the direction to

the applicant to file English translation of Hindi vernacular

documents and certified copy of trial court judgment, within two

weeks.

( Satyen Vaidya ) Judge 15th November, 2022 (sushma)